ANAND KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the conviction of the accused/appellant for offence punishable under Section 304-B of the Indian Penal Code and sentence of R.I. for 7 years therefor imposed by Sessions Judge, Bhopal by judgment dated 21-10-1994 in S.T. No. 18 of 1993.

(2.) The facts not in dispute in the case are that the accused/appellant Anand Kumar was married to deceased Ranjana, alias, Reetu on 14-2-1989 at Amrawati (Maharashtra). Acquitted co-accused Biharilal and Taradevi are the parents of appellant/Anand Kumar, while acquitted co-accused Akhil Kumar and his wife Renu are his brother and sister-in-law respectively. Taradevi (P.W. 7) is the mother, Santosh (P.W. 9) is the brother, Prabha Vishnu Gupta (P.W. 10) is the younger sister, Anil Kumar (P.W. 4) is the cousin (uncle's son) and Dinesh (P.W. 8) is the cousin (maternal aunt's) son of deceased Ranjana. It is also not disputed that at the time of marriage of the deceased Ranjana with the accused/appellant Anand Kumar, a sum of Rs. 21,000/- was paid to him by bank Draft by Ranjana's mother Taradevi (P.W. 7). Deceased Ranjana, after her marriage had visited her mother at Amrawati at the time of Holi Festival and thereafter, she was taken back to Bhopal by the accused-appellant Anand Kumar. The wedding of Prabha Gupta (P.W. 10) took place at Jabalpur in July, 1991, which was attended by the accused/appellant Anand Kumar and his wife deceased Ranjana. Deceased Ranjana thereafter went back with the accused/appellant and continued to live with him till her death at Bhopal.

(3.) It is also not in dispute that on 23-3-92 at about 7.30 p.m., the deceased Ranjana was admitted in Hamidia Hospital, Bhopal in serious condition, as a case of poisoning and expired after about half an hour of her admission in the hospital.